Amendment Concerning Aggravated Sexual Conduct and Aggravated Sexual Abuse
LAWS OF NEW YORK, 2009
CHAPTER 485

AN ACT to amend the penal law, in relation to aggravated sexual abuse

Became a law October 9, 2009, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Subdivision 9 of section 130.00 of the penal law, as
amended by chapter 696 of the laws of 1981, is amended to read as
follows:

9. "Foreign object" means any instrument or article which, when
inserted in the vagina, urethra, penis [or], rectum or anus, is capable
of causing physical injury.

§ 2. Subdivision 11 of section 130.00 of the penal law, as added by
chapter 122 of the laws of 1996, is amended to read as follows:

11. "Aggravated sexual contact" means inserting, other than for a
valid medical purpose, a foreign object in the vagina, urethra, penis
[or], rectum or anus of a child, thereby causing physical injury to such
child.

§ 3. Subdivision 1 of section 130.65-a of the penal law, as added by
chapter 1 of the laws of 2000, is amended to read as follows:

1. A person is guilty of aggravated sexual abuse in the fourth degree
when:

(a) He or she inserts a foreign object in the vagina, urethra, penis
[or], rectum or anus of another person and the other person is incapable
of consent by reason of some factor other than being less than seventeen
years old; or

(b) He or she inserts a finger in the vagina, urethra, penis [or],
rectum or anus of another person causing physical injury to such person
and such person is incapable of consent by reason of some  factor other
than being less than seventeen years old.

§ 4. Subdivisions 1 and 2 of section 130.66 of the penal law, subdivi-
sion 1 as added by chapter 181 of the laws of 1996, subdivision 2 as
added by chapter 1 of the laws of 2000, are amended to read as follows:

1. A person is guilty of aggravated sexual abuse in the third degree
when he or she inserts a foreign object in the vagina, urethra, penis
[or], rectum or anus of another person:

(a) By forcible compulsion; or

(b) When the other person is incapable of consent by reason of being
physically helpless; or

(c) When the other person is less than eleven years old.

2. A person is guilty of aggravated sexual abuse in the third degree
when he or she inserts a foreign object in the vagina, urethra, penis
[or], rectum or anus of another person causing physical injury to such
person and such person is incapable of consent by reason of being
mentally disabled or mentally incapacitated.

§ 5. Subdivision 1 of section 130.67 of the penal law, as added by
chapter 450 of the laws of 1988, is amended to read as follows:

CHAP. 485 2

1. A person is guilty of aggravated sexual abuse in the second degree
when he or she inserts a finger in the vagina, urethra, penis, [or]
rectum or anus of another person causing physical injury to such person:
§ 6. Subdivision 1 of section 130.70 of the penal law, as amended by
chapter 450 of the laws of 1988, is amended to read as follows:

1. A person is guilty of aggravated sexual abuse in the first degree
when he or she inserts a foreign object in the vagina, urethra, penis
[or], rectum or anus of another person causing physical injury to such
person:

§ 7. This act shall take effect on the ninetieth day after it shall
have become a law.


The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.


MALCOLM A. SMITH
Temporary President of the Senate

SHELDON SILVER
Speaker of the Assembly


EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.